Bill Text: IL SB1736 | 2009-2010 | 96th General Assembly | Enrolled


Bill Title: Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires a hospital to adopt an influenza and pneumococcal immunization policy that contains certain features. Requires a hospital to file a copy of the policy with the Department of Public Health. Restricts the exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0343 [SB1736 Detail]

Download: Illinois-2009-SB1736-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The University of Illinois Hospital Act is
5 amended by adding Section 8 as follows:
6 (110 ILCS 330/8 new)
7 Sec. 8. Immunization against influenza virus and
8 pneumococcal disease. The University of Illinois Hospital
9 shall adopt an influenza and pneumococcal immunization policy
10 that includes, but need not be limited to, the following:
11 (1) Procedures for identifying patients age 65 or older
12 and, at the discretion of the facility, other patients at
13 risk.
14 (2) Procedures for offering immunization against
15 influenza virus when available between September 1 and
16 April 1, and against pneumococcal disease upon admission or
17 discharge, to patients age 65 or older, unless
18 contraindicated.
19 (3) Procedures for ensuring that patients offered
20 immunization, or their guardians, receive information
21 regarding the risks and benefits of vaccination.
22 The hospital shall provide a copy of its influenza and
23 pneumococcal immunization policy to the Illinois Department of

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1 Public Health upon request.
2 Section 10. The Hospital Licensing Act is amended by adding
3 Section 6.25 as follows:
4 (210 ILCS 85/6.25 new)
5 Sec. 6.25. Immunization against influenza virus and
6 pneumococcal disease.
7 (a) Every hospital shall adopt an influenza and
8 pneumococcal immunization policy that includes, but need not be
9 limited to, the following:
10 (1) Procedures for identifying patients age 65 or older
11 and, at the discretion of the facility, other patients at
12 risk.
13 (2) Procedures for offering immunization against
14 influenza virus when available between September 1 and
15 April 1, and against pneumococcal disease upon admission or
16 discharge, to patients age 65 or older, unless
17 contraindicated.
18 (3) Procedures for ensuring that patients offered
19 immunization, or their guardians, receive information
20 regarding the risks and benefits of vaccination.
21 The hospital shall provide a copy of its influenza and
22 pneumococcal immunization policy to the Department upon
23 request.
24 (b) A home rule unit may not regulate immunization against

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1 influenza virus and pneumococcal disease in a manner
2 inconsistent with the regulation of such immunizations under
3 this Section. This subsection is a limitation under subsection
4 (i) of Section 6 of Article VII of the Illinois Constitution on
5 the concurrent exercise by home rule units of powers and
6 functions exercised by the State.
7 Section 90. The State Mandates Act is amended by adding
8 Section 8.33 as follows:
9 (30 ILCS 805/8.33 new)
10 Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
11 of this Act, no reimbursement by the State is required for the
12 implementation of any mandate created by this amendatory Act of
13 the 96th General Assembly.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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